Benjamin Bank v. Doherty

Citations

• 29 Wash. 233
• 69 P. 732
• 1902 Wash. LEXIS 580

Syllabus

<p>MORTGAGE-NON-PAYMENT OP INTEREST-POBEOI.OSURE.</p> <p>A mortgage cannot be foreclosed on account of failure to pay an installment of interest due, where the mortgage is merely conditioned that if the mortgagor “shall, on or before maturity, pay or cause to be paid the said note, with interest that may be due thereon,” then it shall be null and void.</p> <p>SAME-CONSTRUCTION OP STATUTE.</p> <p>Bal. Code, § 5894, which provides that “whenever a complaint is filed for the foreclosure of a mortgage upon which there shall be due any interest or installment of the principal, and there are other installments not due, if the defendant pay into court the principal and interest due, with costs, at any time before the final judgment, proceedings thereon shall be stayed, subject to be enforced upon a subsequent default in the payment of any installment of the principal or interest thereafter becoming due,” has reference to the foreclosure of mortgages upon which there may be due interest for which foreclosure may be had, and does not subject to foreclosure a mortgage whose terms otherwise provide.</p>